HomeMy WebLinkAbout7-14-92Planning Commission proceedings are tape recorded and on file in the office of the Planning Dept.
MINUTES
ARCADIA CITY PLANNING COMMISSION
REGULAR MEETING
Tuesday, July 14, 1992
The Planning Commission of the City of Arcadia met in regular session on Tuesday, July 14, 1992, at 7:30 p.m.
in the Council Chambers of the Arcadia City Hall, 240 West Huntington Drive, with Chairman Tom Clark
presiding.
PLEDGE OF ALLEGIANCE
ROLL CALL:
PRESENT: Commissioners Amato, Daggett, Hedlund, Huang, Clark
ABSENT: None
MOTION
It was moved by Commissioner Amato, seconded by Commissioner Daggett to read all resolutions by
title only and waive reading the full body of the resolution. The motion passed by voice vote with
none dissenting.
MINUTES
MOTION
It was moved by Commissioner Amato, seconded by Commissioner Huang to approve the Minutes
of June 23, 1992 as published. The motion passed by voice vote with none dissenting.
OTHERS ATTENDING:
Councilman Bob Margett
City Attorney Michael Miller
Planning Director William Woolard
Assistant Planning Director Donna Butler
Assistant Planner James Kasama
Assistant Planner William Stokes
Secretary Silva Vergel
ELECTION OF OFFICERS
Chairman Clark asked if there were any nominations for Chairman.
MOTION
It was moved by Commissioner Amato, seconded by Commissioner Hedlund to nominate Commissioner
Clark as Chairman.
ROLL CALL:
AYES: Commissioners Amato, Daggett, Hedlund, Huang
NOES: None
Chairman Clark opened the nominations for Chairman Pro -Tem.
MOTION
It was moved by Commissioner Amato, seconded by Commissioner Daggett to nominate Commissioner
Hedlund as Chairman Pro -Tem.
ROLL CALL:
AYES: Commissioners Amato, Daggett, Huang, Clark
NOES: None
PUBLIC HEARING TM 51399
121 -125 Genoa St.
Long Dragon, Inc.
Consideration of tentative map for a proposed 8 -unit
condominium project.
The staff report was presented and the public hearing was opened.
Michael Chen, 2225 W. Commonwealth, Alhambra, the engineer of the project was present and indicated
that they are in agreement with all of the conditions in the staff report.
No one else spoke in favor of or in opposition to this item.
MOTION
It was moved by Commissioner Amato, seconded by Commissioner Huang to close the public hearing.
The motion passed by voice vote with none dissenting.
Chairman Clark remarked that this is the type of a project that would look good in this area, it is large
enough but yet not too large for the lot.
Staff indicated that the maximum number of units allowed on this lot is eight.
Commissioner Hedlund agreed but thought that the City should discourage the use of sump pumps and said
that during heavy rain storms sump pumps are usually not capable of draining the water. He thought that
especially in the R -3 zone, the lots should drain to the street.
Commissioner Amato agreed and said that sump pumps do not work when they are most needed.
Councilman Margett asked if it is the consensus of the Commission that sump pumps are not effective?
Mr. Woolard said that the alternative to a sump pump would be to have a three -story building. If the City
tried to limit the use of sump pumps, then the City would have to allow higher buildings; otherwise due to
the height limitations, the density sould be significantly reduced.
Chairman Clark remarked that this is a tentative map and the Commission should decide on the form of
ownership and not the design of the building.
MOTION
It was moved by Commissioner Hedlund, seconded by Commissioner Amato to approve TM 51399 subject
to the conditions in the staff report.
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ROLL CALL:
AYES: Commissioners Amato, Daggett, Hedlund, Huang, Clark
NOES: None
ABSENT: None
Chairman Clark noted that there is a ten day appeal period.
PUBLIC HEARING CUP 92 -007
119 E. Foothill Blvd.
Kasmar Ent. for Kentucky Fired Chicken
Consideration of conditional use permit adding seating
for 12 persons in an existing take -out restaurant.
The staff report was presented and the public hearing was opened.
Don Miles, Kasmar Ent., 14815 Maywood, Chino Hills, was present and upon reviewing the conditions,
indicated that they do not have adequate room in the restaurant to provide both male and female rest rooms.
He said that they presently have one unisex restroom which is utilized by the employees. He asked if they
were required to provide 2 handicap restrooms could they utilize the same restroom for both the customers
and employees. He asked if this is a City or State requirement and if there could be any relief from this
requirement.
Mr. Woolard indicated that this is in the Building Code and the Planning Commission cannot grant relief
from that requirement. They will not be able to have 24 seats without the restrooms.
Commissioner Amato remarked that he has no problems with seating for 24 persons, but would not be in favor
of the request, if they cannot provide the required restrooms.
Chairman Clark agreed and said that they should comply.
In response to questions from the Commission, Mr. Woolard said that these are not the plans that have been
submitted to the Building Dept. for plan check.
Staff said that staff visited the site at different hours and the parking was never filled to capacity.
No one else spoke in favor of or in opposition to this item.
MOTION
It was moved by Commissioner Amato, seconded by Commissioner Huang to close the public hearing.
The motion passed by voice vote with none dissenting.
MOTION
It was moved by Commissioner Amato, seconded by Commissioner Amato to approve CUP 92 -007
subject to the conditions in the staff report.
ROLL CALL:
AYES: Commissioners Amato, Daggett, Hedlund, Huang, Clark
NOES: None
ABSENT: None
Chairman Clark noted that there is a five working day appeal period after the adoption of the resolution.
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PUBLIC HEARING MP 92 -003
16 W. Lemon Ave.
Harry Wu
Consideration of modifications to construct a new 6,248
sq. ft. two -story single - family dwelling with a 603 sq. ft.
attached garage.
The staff report was presented and the public hearing was opened.
Harry Wu, 539 W. Valley Blvd., Alhambra, the property owner explained that due to financial hardship,
their permit expired. He indicated that they submitted the plans in January 1990 to the Building Dept. for
the new house, long before the new regulations went into effect. They did not intend to beat the regulations by
submitting early and dragging the process. They have already invested $55,000 into the project for the
architect, permits, plan check fees, demolition, grading, footing and underground plumbing. He asked that
they be able to utilize the existing footing and said that they would be willing to reduce the height of the
building. He said that if they were approved, they would begin construction within 3 months and
anticipated completing the project in one year. He felt that if they were to start all over, all the money that
they have spent would be wasted and due to the real estate market, the project would not be feasible. He
explained that due to lack of funds, the lot has been vacant for a long time and is an eye sore but if approval
is granted, they can proceed with the project and build a house which would be an asset to the community.
In response to questions from the Commission, Mr. Wu explained that he has been able to find a partner who
has funds readily available to allow them to begin construction. Even though there is a for sale" sign, the
property is not for sale, and said that the purpose for the sign was to determine the fair market value of the
property and to be able to find a partner for the project.
Joseph Tong, 3225 N. Tyler, El Monte, said that he is the consultant representing the partner who will be
financing the project. He felt that the project is feasible and said that the proposed house will be very
attractive and a definite asset to the community. He said that the lot has been vacant for several years and
if this project is not approved, it might remain vacant even longer, thus creating a nuisance. Since they have
invested a lot of money into the project, it would not be feasible to redo the foundation, because all the
plumbing and sewer lines are in place. He suggested approving the project and imposing a time limit to ensure
that the project would be completed in a timely manner. He explained that when they were informed that
the permit expired, they were made to believe that all they had to do was to come in and pull the permit.
When they came in to renew the permit, they discovered that the Code had changed and that they would
have to do a complete new set of plans that complied with the new regulations. He felt that they were
mislead and that it is a financial hardship, especially due to the amount of money that they have already
invested into the project.
In response to a question by Mr. Miller, Mr. Wu said that his partner would not participate in the project
without the Commission's approval. His partner will provide the construction cost.
Lucy Tai, 26 W. Lemon, spoke in opposition to the request. She felt strongly that they should comply with
the regulations because the rules are for the benefit of the people and the City. To allow the modification
would adversely affect the quality of living in the area. She urged the Commission to deny the project.
Jane Seinsoth, 1815 S. Santa Anita, said that they brought in soil and elevated the lot, so the house that
they build will be higher than the previous house. On occasion, the overgrown vegetation has been 6' tall
and usually twice a year they have been by to clean up the site. She remarked that the people that built
their homes in the neighborhood, all had to comply with the regulations and she could not see any reason
why the applicant should be any different. She asked why they need a 3 -car garage and reiterated that
they should comply with Code.
Dean Yu, 1835 S. Santa Anita, said that the rear of his lot backs up to the subject lot. He said that during
heavy rainstorms, his lot is flooded. He discussed the gutter in the back and said that due to the grade, the
water drains to the south and towards Santa Anita and was concerned about water run off. He remarked that
he has a guest house in the back of his lot and was concerned about somebody injuring themselves during
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construction form objects falling into their property due to the construction and the proximity of the proposed
building to the property line.
Edwin Johnson, 1905 S. Santa Anita, was concerned about the drainage of water and said that the water
drains south from Lemon onto his property and then onto Santa Anita. He was also concerned about the
requested setbacks.
Commissioner Hedlund remarked that the water drains to the southeast. He wondered how the Fire Dept.
would obtain access to the rear of the property in case of an emergency, if the house was built with the
requested setbacks.
In rebuttal, Mr. Wu said that that they submitted the plans under the old regulations and their intention was
not try to undermine the new regulations or try to beat the deadline. They will comply with the height
regulations but request the modifications for the side yards due to the existing building pad. It would be very
costly for them to redo the whole project and in essence the money that they have already spent will be
wasted. He assured the Commission that his partner has the funds available and they will be able to begin
construction within 3 months. With regard to the gutters, he stated that he was not aware of the problem
and said that they would maintain them and keep them clean. With regard to filling of the lot, he stated
that the reason they brought in the dirt was so the water would drain onto Lemon instead of the neighbors to
the south.
Mr. Tong asked that the Commission give the project a chance and approve the modification. He said that
the Commission's concerns can be addressed and they will be more than happy to try to accommodate the
Commission.
In response to a question from Commissioner Huang, Mr. Wu said that his partner has the funds readily
available and upon approval, they will utilize them to begin construction.
Mr. Tong further explained that if the City required, they could provide a letter of credit and availability of
funds through the bank for the City. They would be willing to place the funds in a special account to assure
the City that they are serious about the project and that they will finish the project in a timely manner. In
response to a question by Mr. Miller, Mr. Tong said that they would be willing to sign an agreement with the
City guaranteeing completion of the project. He said that they would be willing to provide a gutter at the
east end of the property to help with drainage.
No one else spoke in favor of or in opposition to this item.
MOTION
It was moved by Commissioner Amato, seconded by Commissioner Daggett to close the public hearing.
The motion passed by voice vote with none dissenting.
Commissioner Hedlund stated that minimal work was done when the permit was active and he believed
that that was done to beat compliance with the new Code and to keep the permit in place. He said that since
the permit has expired, they should comply with the new regulations.
Commissioner Daggett agreed and said that due to the size of the lots, they could easily comply with the
new setback regulations without needing modifications.
Commissioner Amato also agreed and said that they should comply with Code.
Commissioner Huang sympathized with the applicant and felt that the money that they have spent
warrants approval and if they are denied, it would be a hardship. He thought that they did not intend to
beat the Code and said that they submitted their plans nine months prior to the new Codes becoming
effective.
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Mr. Woolard said that there is no way of proving their stated expenditures.
Commissioner Daggett could not sympathize with the applicant and said that the money spent is not an issue
and would not be an adequate reason to approve the project. He felt that they should comply with Code.
Chairman Clark said that he also sympathizes with the applicant, but that is not a good enough reason to
approve the project_ He said since the Code changes, several requests have been made for modifications, and
they have all been denied. He did not intend to set a precedent by approving the request.
MOTION
It was moved by Commissioner Daggett, seconded by Commissioner Hedlund to deny MP 92 -003.
ROLL CALL:
AYES: Commissioners Amato, Daggett, Hedlund, Clark
NOES: None
ABSENT: None
ABSTAIN: Commissioner Huang
Commissioner Huang explained that he abstained from this item because he cannot confirm how much they
have spent.
Chairman Clark noted that there is a five working day appeal period.
AUDIENCE PARTICIPATION None
RESOLUTION 1485 A resolution granting CUP 92 -006, to operate a language
center at 11 W. Duarte Rd.
Mr. Woolard read the title of the resolution.
MOTION
It was moved by Commissioner Amato, seconded by Commissioner Huang to adopt Resolution 1485
and to formally affirm the decision of June 23, 1992 and the votes thereon.
ROLL CALL:
AYES: Commissioners Amato, Daggett, Hedlund, Huang, Clark
NOES: None
ABSENT: None
Chairman Clark stated that there is a five working day appeal period.
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MATTERS FROM COUNCIL
Councilman Margett complimented the Commission on the way they handled the modification. He said that
he liked the idea that the Commission considered the rules and regulations and was objective in its decision
making, rather than being subjective. He said that in this case, the proposed Architectural Design Review
(ADR) process would be very helpful and would help eliminate similar situations.
Chairman Clark agreed that the ADR process would be effective and said that if the City chose to have an
ADR process, then a new ADR board should be created.
With regard to the ADR process, staff said they have a lot of background information from previous surveys
which will be very helpful.
Mr. Woolard said that the residents from the south part of the City approached the Council and inquired
about creating a homeowners association. They were informed that they were required to provide a petition
with 60% of the residents from the south part of the City in favor of the request. They worked long hours and
tried hard to reach the 60% goal but were unsuccessful. Approximately 7 -9 homes have been completed under
the new Code and some are still in the paper work process.
Councilman Margett said that he would like to get away from the "monster homes" and thought that maybe
in the ADR procedures, they can utilize words, similar to ones used in the five existing homeowners
associations, such as "garfish", in reviewing homes. He thought that the general wording could include
items such as no turrets, etc. He felt that the south part of City, suffers from lack of representation.
Commissioner Hedlund said that he is disappointed in seeing fences, lights atop walls, or wrought iron fences
in the front yards and said that the proposed ADR procedure would enable them to review that and this
would be the least infringement of the ADR process. He said that he likes the open feeling in the front yard
area and dislikes fences in the front yard. He indicated that the reason they haven't seen more homes built
under the new Code, is probably due to the economy.
Commissioner Daggett said that a list of dos and don'ts could help with the proposed ADR process.
Chairman Clark said that the City can appoint qualified persons to serve on the ADR board and provide
them with general terms and guidelines.
Mr. Woolard said that the one problem that the existing homeowners associations are having is to find
qualified professionals, such as designer, engineers and architects to sit on these boards to review the projects.
Staff said that when they were working on the creation of the homeowners association in the south part of
the City, they anticipated approximately 20 applications a month and explained that would mean a lot of
staff and volunteer time for the review process.
Commissioner Amato suggested trying the process and if it did not work to discontinue it.
Mr. Woolard explained that it would be very costly to implement this and would require additional staff due
to the additional work load.
MATTERS FROM COMMISSION
Commissioner Daggett indicated that he will not be at the next meeting, since he will be overseas.
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MATTERS FROM STAFF Planning Commission Determination
Spencer Recovery Center -180 W. Huntington Dr.
Ms. Butler presented the staff report.
MOTION
It was movedby Commissioner Hedlund, seconded by Commissioner Amato making the determination
that including men at this center is consistent with the original conditional use permit which was to
provide a residential care facility for counseling and rehabilitation to persons with drug and alcohol
related problems.
ROLL CALL:
AYES: Commissioners Amato, Daggett, Hedlund, Huang, Clark
NOES: None
ABSENT: None
Chairman Clark stated that there is a five working day appeal period.
ADJOURNMENT
9:00 p.m.
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Secretary, Arcadia Planning Commission
Arcadia City Planning Commission
7/14/92
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